Friday, December 31, 2010

In what has been dubbed Tuolumne County’s “most bizarre custody dispute,” a court battle over a mummified cat was resolved Thursday for $1 after months of contention and a trial of nearly four hours.

In the case of one-time tenant Christine Tuohy vs. former landlord Thomas Renkel, Court Commissioner Kim Knowles ruled in favor of Renkel regarding the custody of Bast, the cat that had fallen into posthumous fame.

Mediation proceedings, begun at 8:30 a.m. Thursday, had collapsed, putting ownership of the cat in Knowles’ lap. The decision was meant to settle months of conflict over the corpse, which escalated to the point that Renkel called the Sonora Police Department to finger Tuohy for the dead cat’s theft. Even with the question of ownership decided, however, Bast’s fate was still up in the air until a last minute mediation put it in the hands of a third party that, until then, hadn’t been involved in the case at all. First, some background. Bast, named by Tuohy after an Egyptian cat-god, tumbled into the future adversaries’ lives by accident in June 2008. Tuohy was planning to move from Reno to Sonora and had made plans with Renkel to rent space in the historic Yo-semite House on North Washington Street, part of which was to be renovated before she moved in. Renkel was investigating a burst pipe which had caused damage to part of the building. He directed a crew to cut away a piece of ceiling to expose another pipe he believed to be in danger of rupturing. “We did not find a pipe,” Renkel said. “What we did find was the cat. It fell onto a worker. Gave him quite a shock.” Not surprising, since Bast is anywhere from 10 to 130 years old, depending on whom you ask. The desiccated cat carcass is a pale yellow with tattered ears and a gaping maw. It’s still a little smelly, Tuohy said, but Renkel took a shine to the creepy thing, and displayed it outside on the stoop during the renovation process. The grand opening of Tuohy’s Blue World Photography was set for Oct. 31. When she saw the creature soon to be known as Bast, she asked if she could display it, since scary cats and Halloween were like a match made in Grimm’s Fairy Tales. This is where the stories differ. Tuohy claims that Renkel was about to throw the cat away when she saved it from a fate worse than its own death — the garbage. Renkel maintains that the cat’s well-being was always at the forefront of his mind, and that he’d merely lent the ghoulish thing to Tuohy. In Tuohy’s opinion, she made that cat a star, creating a media campaign that dubbed Bast “the Amazing Cat Mummy.” She even took it to the California State Fair as part of the Wild and Whacky exhibit, and set up a Facebook page in Bast’s honor. It took up seemingly permanent residence in Blue World Photography. The fate of the cat didn’t come up again until Renkel evicted Tuohy from the building, a matter which also came before the court on Thursday. “Suddenly, after two years of not wanting it, he wanted it back,” she said. When she refused to return the freakish feline, Renkel reported it stolen. “And you’re not willing to give it back to him at this point?” Knowles asked. “This is going to sound strange, but I don’t think he’d take care of it like I have,” Tuohy responded. In Knowles’ view, the cat case was pretty cut and dry. “The court finds that you are the owner of that cat. It was in your building, it’s your cat,” Knowles told Renkel. The trouble was that Renkel had sued for possession of the cat claiming its worth at $1,000, a position that Knowles couldn’t support. “How do you value the mummy cat?” she asked. Lacking any way to assign value to do so, and being forced by California law to offer a conditional settlement, Knowles had little option but to apply a “nominal value” to the thing, assigning Bast the going rate of $1. Tuohy thus had the option of returning the cat or paying Renkel $1 to retain possession of her treasure. When Tuohy reached into her purse and gave Renkel a buck, the case was settled in the eyes of the court. Yet it went one step farther. Mediator Jim W Hildreth stepped in, and, after almost four hours of trial, Tuohy and Renkel agreed to do what they’d reportedly been kicking around all day: offer the creature up to the Tuolumne County Museum. No representative for the museum was present to accept, or reject, the gift.

Thursday, December 30, 2010

Jim W Hildreth has been assigned to the Tuolumne County Superior Court as a court appointed mediator for 12-30-2010.

Multiple cases will be mediated and the court has a active Alternative Dispute Resolution program, 75% of the cases referred are settling in mediation, giving the disputants active dialog in resolving their individual disputes and the power to resolve those conflicts vs the court making the decision.

Cases of both small claims and civil unlimited are referred to mediation.

Friday, December 17, 2010

The California Gold Country has had a rich history of the lure of gold in cities such as Mariposa Nevada City, Columbia, Sonora, Angels Camp, Placerville, Auburn, Jamestown, Murphys, Paradise in Butte County.

Migrations of emigrants followed the "Gold Fever" from the 1800's.

Today a new migration wave in the Gold Country is the urban dweller who seeks a better lifestyle and a desire for a simpler life of the white picket fence, acreage and a place to retire or raise a family.

With that wave came a real estate boom starting in the 1970's.

Large acreage parcels were subdivided creating acre lots or less and the demand for commercial retail for the new storefront was the new enterprise.

With those changes and migrations of the urban dweller have created disputes involving real estate.

Paradise was a buyer/seller/real estate broker dispute, Jackson California had a non disclosure dispute between the buyer and seller over water runoff. Amador County has a new easement issues among neighbors. Sonora Superior Court in Tuolumne County had a neighbor vs neighbor dispute where a restraining order was placed and a landlord tenant issue over non-payment that exceeded $7,500.

When populations increase conflict will occur. Attorneys will be the gateway to those conflicts.

Today both the courts and the legal system are offering Alternative Dispute Resolution to those conflicts with both Mediation and Arbitration as an alternative to costly litigation and saving time to those in conflict. Often the courts may be backed up for months and the anger, resentment in conflicts cannot wait for the judicial system.

The Gold Country or the Mother Lode of California will continue to see increased populations with new subdivisions, new storefronts and naturally disputes will occur.

It is the wise community both in the legal and real estate community that offers both private and court appointed opportunities to resolve conflict and mediation does play a large role in settlement and resolve.

Jim W Hildreth is a Mediator who's focus is real estate disputes and his home is in Sonora, CA. His boyhood was in Sutter Creek, Jackson and Grass Valley.

Nearly five years ago, I had the opportunity to take the basic course of mediation through UC Berkeley Extension and Mediator Ron Kelly.

The room was filled with attorneys students who sought a alternative to the route of litigation.

For me, it was a opportunity of using 33 years as a California Real Estate Broker and with an interest

in applying decades of experience and applying it to disputes involving real estate.

For the past decade, a trend seem to be occurring that the job market for lawyers was getting tighter.

I recall a conversation with an attorney who stated to me it was more cost effective hiring an attorney than a secretary.

I read articles that in the past five years and every year, more and more people graduate from law school and there are fewer and fewer jobs.

A recent article in Yahoo news talked of the shrinking job picture for judges.

Recently a article caught my interest that this is a “Gaping Hole” in the Legal Services for the middle class as it applies to targeted mass foreclosures and debt collection suits.

The article written University law professor Larry Ribstein thinks a change in lawyer regulations could help middle class defendants.

His thought was that he suggest favoring, a legal service sector regulation based on certification rather than licensing. In his view, a law license isn't necessarily needed to provide all kinds of legal help.

In my experience this may be the case with Alternative Dispute Resolution or mediation where both attorney and non-attorneys have blended their people and mediation skills in acting as “neutrals” and having parties craft settlements vs tying the hands of local courts.

A small rural county East of San Francisco, Tuolumne County has seen in excess of 75% settlement rates with a pilot Alternative Dispute Resolution program funded by a initial grant by Judicial Council of California AOC. In six months, that is over 100 cases that offered the public alternative and freeing time for the judicial officers.

Ribstein elaborated in an article with the American Bar Association Journal. “I'm not suggesting that we completely deregulate the practice of law”, I think the problem is not too much regulation or too little regulation, but that we are linked into a single business model that cant evolve.”

Perhaps one avenue is to combine law practice with nonlegal services.

This may be a good match for Alternative Dispute Resolution or Mediation.

Its a concept that is worthy of discussion in our law schools and the many who serve local community boards where mediation plays a increased role.

Its a concept that should be discussed with local bar associations and clearly adopted and supported with leaders such as the Alameda County Bar Association in Oakland, CA where both the legal and non-legal have established a bond in membership.

Its a concept that should be discussed openly for consideration at the 2010 Conference of Delegates

for non- partisan solutions to law related issues for the benefits of Californians.

Furthermore its a opportunity for the California AOC to consider long term funding vs seed money on the value of Alternative Dispute Resolution-Mediation on a local level.

The demand of conflict will increase, more parties will turn to Pro-Per and small claims, many attorneys will suggest that cases under $25,000 may not be cost effective and suggest mediation.

The present and future of mediation and demand for disputes and the overcrowding of our courtrooms

may bring about healthy changes, solutions for the future of opportunities for both those who are licensed attorneys and those who have been certified with non-legal services.

Thursday, November 18, 2010

The economy is causing many conflicts and those who mediate, work in the judicial system must be prepared for anger, resentment, and behaviors that are a mirror to today's stress of individuals who are often holding on by their finger nails.

Wednesday, November 17, 2010

Working today on dispute involving a real estate deposit dispute, between buyer/seller, seller is living out of the country, much of the mediation, will involve e-mail.http://www.RealEstateMediation.orgProperty is located in El Dorodo County, Jim W Hildreth Mediator is based out of Sonora and has no conflicts and knows none of the parties.

Friday, November 12, 2010

I completed recently a court appointed mediation in Sonora, CA. It was over a construction defect between a local contractor and the homeowners.

The Superior Court suggested mediation vs a trial.

After the mediation conclusion, I received a copy of a letter mailed to two Superior Court judges.

Jim Hildreth served as the mediator specifically appointed by Judge Provost, he did an excellent job, he showed great patience, with a dispute with high emotional tension.

Throughout the mediation Jim showed a particulary strong allegiance to the importance of mediation as an effective tool for the court, as well as adhereance to the ethical standards required of mediators.

Sunday, November 7, 2010

Its Sunday, fall is in the air, a storm may dump snow today, a good day for sharing, giving, being thankful, reading, reflecting, photography, my mini list includes eating a spinach & mushroom and cheese Crepe and a visit to my mom. Perhaps a nap, adding a few new smiles to One Million Smiles. A simple Sunday. Love to those in conflict and the only way is through and the choice is ours. Enjoy friendships and Love

Saturday, October 30, 2010

My days as a court appointed mediator have been busy in resolving disputes.

The court has taken a pro-active position that many disputes can be resolved through Alternative Dispute Resolution, and specifically through mediation.

During the past week of late October 2010 I was assigned 3 mediation's, 2 construction defects and a vandalism where a road construction grader was cut up into 7 pieces, the dispute involved long term friends for over 60 years.

Each of these disputes had the root of non-communication, anger, resentment.

Each was resolved in mediation, vs a trial in the Superior Court.

Jim W Hildreth is both a private and court appointed mediator, who's focus is disputes involving real estate.

Friday, October 29, 2010

Home owner cuts up construction grader into 7 pieces. Plaintiff sues for vandalism and Felony damages. Dispute settled in Mediation. Jim W Hildreth acted as the Mediator for the Tuolumne County Dispute.

Sunday, October 24, 2010

Jim W Hildreth has been appointed to act as the mediator for a Tuolumne County construction defect dispute involving a local contractor. Two outstanding Sonora Attorneys Kate Segerstrom and Joey Wright will represent their individual clients.

Mediation will allow the parties to discuss multiple options for consideration vs facing a trial.

Jim Hildreth is a Sonora based "neutral", who's focus are real estate disputes and he works both as a court appointed and private mediator in Northern California.

Saturday, October 23, 2010

Do you have a real estate deposit that sits in a escrow? over a seller buyer dispute?.

Deposits in California that are held in escrow can only be released bywritten mutual agreement by the parties, judicial decision or arbitration award.

Real Estate Mediation Services is a professional dispute resolution service that is experienced with real estate deposits and other real property issues.

Deposits Disputes are most cost effective in the settlement in the $2,500 plus range.

Jim W Hildreth is an experienced mediator who acts as a "neutral mediator" in multiple California Superior Courts and in the private sector working closely with title companies, the legal profession and the real estate brokerage community.

Jim W Hildreth of Real Estate Mediation Services completed continuing education on Real Estate Hot Topics in Oakland, CA. The class was centered around a Court of Appeal Real Estate case Holmes v Summer whether California Real Estate Brokers representing a seller of residential real estate are under an obligation to the buyer of that property to disclose that it is over ecumbered and cannot in fact be sold to them at the agreed upon purchase price unless the either the lenders agree to a short sale or the seller deposits a whopping $392,000 in cash into escrow to cover the shortfall. This case should be a concern to brokers, salesmen and the general public especially in this period of rampant foreclosures and short sales.

Jim W Hildreth mediator was assigned today to the Tuolumne County Superior Court in Sonora, where he did 3 mediation's two that were a landlord tenant disputes and the other a construction defect with a Sonora Contractor.

Hildreth is both a private and court appointed mediator who is based out of Sonora, CA

Saturday, July 24, 2010

The landlord filed a suit against his tenant, over breaking a lease and back rent. The tenant broke the lease due to hard economic times. The Tuolumne County Superior Court assigned this dispute to Mediation.

Jim W Hildreth of Real Estate Mediation Services a trained mediator was assigned to the parties and within one hour, a settlement occurred, thus avoiding a court trail.

Tuesday, July 20, 2010

The Judge ordered the parties to Mediation. The plaintiff was a property management company, the defendant a customer. The plaintiff sought damages per the contract, the defendant was not happy with the services.

Mediator Jim W Hildreth was the "Neutral". Within a little over an hour a written settlement occurred and both parties left the courtroom satisfied with the outcome.

Having a dispute, talk to your attorney or legal advisor about the benefits of Alternative Dispute Resolution (ADR).

Jim W Hildreth mediator was one of 3 panel members who offered a workshop on Marketing Your Mediation Practice taught in Oakland, CA at the Alameda County Bar Association. panel members were Claudia Viera, Michele Molitor and Jim W Hildreth.

The local bar association is active in offering workshops and continuing education. http://www.acbanet.org

Thursday, June 17, 2010

The following testimonial came after a 7 hour mediation that had been in litigation 4 plus years. Jim W Hildreth & Ed Johnson were the mediators.

Mediation does work.

Hello Jim,

It has been a long journey for sure. I appreciate your saying all that and it really was a pleasure working with both you and Ed. I have a great appreciation for all that you both did for us. It really is evident that you do the job that you do because you care about others. Please extend my gratitude to Ed as well.

Wednesday, June 9, 2010

Jim W Hildreth of Real Estate Mediation Services has been appointed to act as mediator in a partnership dispute that involved multiple ownership of real estate. The dispute has been in litigation for 4 years and the parties will sit today at the same table in an attempt to resolve their differences.

Hildreth looks forward in acting as "Neutral" and opening the communication lines between the partners.

The Tuolumne County Superior Court based in Sonora, CA has a active Alternative Dispute Resolution program.

Saturday, May 29, 2010

JimW Hildreth, Real Estate Mediator just mediated a disagreement between me and another party. Fascinating process. Instead of the antagonistic process you feel in small claims, we both shared our concerns, asked questions and Jim facilitated us to both understand the other's viewpoint. Plaintiff May 28 2010, Sonora, CA

Friday, May 28, 2010

Jim Hildreth oversaw a small claims case for our company at the Tuolumne County Superior Court. I had past experiences with mediation, and going in I was convinced that it would not be successful. Because of Jim's knowledge and ability to listen, we were able to come to a resolution without the court's involvement. I highly recommend him for mediation in a Real Estate or Landlord Tenant dispute. Thanks Jim!

Wednesday, May 26, 2010

Jim W Hildreth of Real Estate Mediation Services recently took continuing education from Attorney David Herzog of San Francisco titled the Accidental Partnership, The pitfalls of informal Business Realtionships.

The seminar covered, what is a partnership in California, What is a partners duties and liabilities, how does one get out of a partnership, how to avoid becoming partners with someone.

As a mediator Hildreth acts as a neutral with partnership disputes both in real estate and business partnerships.

Monday, May 24, 2010

"Jim Hildreth's extensive knowledge and experience in real estate is invaluable in the mediation process. Coupled with his expert mediation skills, he is able to quickly assess the issues and assist parties in resolving real estate and property disputes." Ed Johnson, Attorney at Law.

Friday, May 21, 2010

Jim W Hildreth mediator will be attending a seminar titled The Accidental Partnership, the pitfalls of informal business relationships. Partnership disputes are common and can impact the ongoing business operations that can lead to a forced sale.

The seminar will be conducted in Oakland, CA at the Alameda County Bar Association, where Hildreth is an associate member.

Thursday, May 13, 2010

The young couple had been renting from the landlord for several years, the landlord offered them a opportunity to relocate to the family home as they were going to rent the home for several years as the market was depressed.

The landlord encouraged the husband and wife to take an active role in the remodeling that included painting, refurnishing the hardwood floors.

The couple jumped at the opportunity and spent hundreds of hours in transforming the home.

Words were used such a lease option and your time will be worth your extra efforts.

The home was in the best shape in decades and the home was shining with its new look.

The couple was weeks away from moving in and the landlord dropped a "bombshell" on the couple.

The landlord announced, the home had been sold.

To add insult to injury the couple was served with a 60 day notice to vacate their present home as that property was going to go on the market.

The double blow seems unreal.

An attorney for the tenant couple was prepared to file litigation.

The couple stated they had trusted the landlord and went against their own judgment to have something in writing.

The lesson is that its always best to put things in writing and form an agreement.

If a problem does occur, it will add weight as to the intent of the parties.